Quashing of FIRZ Quashing of FIRZ

2 years ago

A lady sent a complaint letter to the police. The police did not act on it . She filed a complaint under sec 190 Crpc. On court's order police lodged an FIR. Then 164 was also undertaken.
In all the three complaints mentioned above different stories have been found mentioned . Based on this vast deviation of versions of the complaint, what are the scope that the FIR can be demolished. A relevant judgment on this issue may please be considered for provision

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may approach High Court under Section 482 of Criminal Procedure Code seeking stay on the investigation and quashing of entire criminal proceedings. If you succeed then file a defamation case against her.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.Now ordinarily these different version can afford a good ground for quashing the FIR but there are other worrying factors like the fact that the magistrate has taken cognizance of the matter under section 190 CrPC and the evidence of the complainant has been recorded under section 164 CrPC even though they are conflicting with the version of the complaint but then it is a question of law if the court in quashing is allowed to appreciate the differences in the facts of statements under section 164 CrPC with the complaint in FIR or not. Relevant judgment if can be found on this matter can seal the fate of your case and though I personally haven't got time to research one but in case you can manage to find one then it would be highly beneficial for you.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap ko article 226 ke antargat high court me writ petition FIR ko quash karane ke liye jaana chahiye. Strong case hai quash ke liye. Kyon ki kafi difference hai.
Aap ko delay nhi karni chahiye. Safalta milegi.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
If there are different findings is different investigation did by the police, the court could easily quash the criminal complaint and the FIR lodge. If you thinks that all the complaints are false then you could go to High Court and pray for same under Section 482 of CrPC.
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Anik

Responded 2 years ago

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A.hello
You have all right to go the high court and ask for quashing of FIR. There are numerous of judgement of this regard on google which you could easily find on google.
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Roopam Rai

Responded 2 years ago

A.Hi,
As per the brief provided by you there is very good chance for quashing of FIR as per the established provision of Law. This seems to be an interesting case to handle with.

Good luck!

#Criminal. #FreeLegalAdviceOnCriminal
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